the-ordinances-of-the-legislative-counci-1890 — Page 75

ORDINANCE No. 11 OF 1844. 39


Licensing Public Houses, &c.


22. And be it further enacted , that if any licensed person shall abandon the Penalties for
publicans
occupation of his or her licensed house, as his or her usual place of residence, and abandoning the
occupation or
management of
permit any person whatsoever, to manage , superintend , or conduct the business , of such their houses.
house, or shall whether residing in the said house, or not, permit any unlicensed person
to become virtually, or in effect the keeper thereof, then, or in either of the said cases ,
upon proof of the fact, to the satisfaction of any two or more Justices of the Peace, the
license of such house, for the current year, shall become and be absolutely void ,
any thing hereinbefore contained to the contrary notwithstanding.
23. And be it further enacted, that if any licensed person shall employ any Or employing
unlicensed person
unlicensed person to sell, or dispose of by retail as aforesaid, any such liquors as to retail liquors
ont of their
houses or dis
aforesaid in any house, or in any cart dray or other carriage, or in any vessel or boat, posing of
them for that
or in any place whatever out of the licensed house of such licensed person , or if any purpose.
licensed person shall sell barter or lend to any unlicensed person any such liquors as
aforesaid , with the knowledge or upon the understanding that such liquors are to be
sold retailed or bartered by such unlicensed person, contrary to the true intent and
meaning of this Ordinance, every such licensed person shall, upon conviction thereof
in a summary manner, forfeit and pay for every such offence, a sum not exceeding two
hundred dollars.

24. And be it further enacted, that no ale, beer, wine, cider, ginger beer, spruce No liquors to be
retailed where a
beer, brandy, rum , or any other fermented , or spirituous liquors, shall be sold or retail shop is
kept.
disposed of by retail, in any quantity less than two gallons, in any house or place, in or
on which a retail shop for the sale of other articles is kept, and if any person shall sell
or dispose of by retail any such liquors as aforesaid in such house or shop, or shall
supply or deliver any such liquors to any person coming to such house or shop , under
the pretence of such last mentioned person being a customer, or under any other
pretence whatsoever, every such person so offending shall upon conviction thereof
in a summary manner be subject to the same penalty as if he or she had been convicted
of selling any such liquors as aforesaid by retail without a license, contrary to the
provisions of this Ordinance.

25. And be it further enacted, that if any unlicensed person shall sell, or deliver Persons selling
two gallons of
any such liquors in a quantity exceeding two gallons, with an understanding that part liquors with an
understanding
thereof shall be returned, so that after such part shall have been returned , the quantity that part shall be
returned.
actually sold, or delivered shall be under two gallons , then and each of such cases such
retail shopkeeper, dealer, or person , shall upon being convicted of any such offence, be
subject to the same penalty as if he or she had been convicted of selling any such liquors Penalty.
as aforesaid by retail without a license, contrary to the provisions of this Ordinance.
[Five new sections added by Ordinance No. 7 of 1858 and following sections renumbered
as in brackets.]

26. (31. ) And be it further enacted, that it shall and may be lawful for any Justice Liquors hawked
about to be seized
and condemned.
-of the Peace, constable or other peace officer, to seize and take away, or to destroy , or
cause to be seized taken away, or destroyed , all such spirituous or other liquors as
aforesaid, as shall be hawked about , or exposed to sale, in any street road foot- path or